Legislature(1997 - 1998)

03/09/1998 01:45 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
           HOUSE FINANCE COMMITTEE                                             
               March 9, 1998                                                   
                 1:45 P.M.                                                     
                                                                               
TAPE HFC 98 - 58, Side 1                                                       
TAPE HFC 98 - 58, Side 2                                                       
TAPE HFC 98 - 59, Side 1                                                       
                                                                               
CALL TO ORDER                                                                  
                                                                               
Co-Chair Gene Therriault called the House Finance Committee                    
meeting to order at 1:45 p.m.                                                  
                                                                               
PRESENT                                                                        
                                                                               
Co-Chair Hanley    Representative Kelly                                        
Co-Chair Therriault   Representative Kohring                                   
Representative Davies  Representative Martin                                   
Representative Davis   Representative Moses                                    
Representative Foster  Representative Mulder                                   
Representative Grussendorf                                                     
                                                                               
ALSO PRESENT                                                                   
                                                                               
Representative Bill Williams; Juanita Hensley, Legislative                     
Liaison, Division of Motor Vehicles, Department of Public                      
Safety; Dennis Poshard, Legislative Liaison, Department of                     
Transportation and Public Facilities; Chris Christensen,                       
Staff Counsel, Alaska Court System; Barbara Huff Tuckness,                     
Director, Legislative and Governmental Affairs, Teamsters                      
Local 959; Frank Dillon, Executive Vice President, Alaska                      
Trucking Association, Inc.; Laddie Shaw, Executive Director,                   
Alaska Police Standards Council; Deb Davidson, Staff,                          
Representative Davis.                                                          
                                                                               
The following testified via the teleconference network:                        
Peter Blanas, Anchorage; William Gates, Anchorage; Harry                       
McDonald, Anchorage; Aves Thompson, Division of Measurement                    
Standards and Commercial Vehicle Enforcement, Department of                    
Transportation and Public Facilities, Anchorage.                               
                                                                               
SUMMARY                                                                        
                                                                               
HB 28 "An Act repealing the Alaska Coastal Management                          
Program and the Alaska Coastal Policy Council, and                             
making conforming amendments because of those                                  
repeals."                                                                      
                                                                               
HB 28 was HELD in Committee for further                                        
consideration.                                                                 
                                                                               
HB 261 "An Act relating to a surcharge imposed for                             
violations of state or municipal law and to the                                
Alaska police training fund."                                                  
                                                                               
 HB 261 was HELD in Committee for further                                      
consideration.                                                                 
                                                                               
HB 404 "An Act relating to the regulation of commercial                        
vehicles; relating to the temporary registration                               
of out-of-state commercial vehicles; relating to                               
registration fees for commercial vehicles; and                                 
providing for an effective date."                                              
                                                                               
 CSHB 404 (TRA) was REPORTED out of Committee with                             
"no recommendation" and with two fiscal impact                                 
notes, one by the Department of Administration and                             
one by the Department of Transportation and Public                             
Facilities, both dated 2/27/98.                                                
                                                                               
SCR 19 Relating to the use of prototype designs in public                      
school construction projects.                                                  
                                                                               
HCS CSSCR 19 (FIN) was REPORTED out of Committee                               
with a "do pass" recommendation and with a fiscal                              
impact note by the Department of Education, dated                              
2/6/98.                                                                        
HOUSE BILL NO. 28                                                              
                                                                               
"An Act repealing the Alaska Coastal Management Program                        
and the Alaska Coastal Policy Council, and making                              
conforming amendments because of those repeals."                               
                                                                               
Co-Chair Therriault noted that HB 28 would not be heard.  He                   
stated that amendments are being drafted for a proposed                        
committee substitute.  An amendment to the legislation would                   
change boundaries to 10 miles from the coast.  A consistency                   
determination would be required if the proposed activity                       
outside of the boundary dealt with a water discharge.                          
Another change would clarify that coastal districts and                        
agencies have the authority to comment and stipulate on                        
federal projects requiring a consistency determination.                        
                                                                               
Representative Martin observed that the legislation seems to                   
be concerned with inland waters.  He maintained that city                      
and municipal governments should be responsible for                            
tributaries.  Co-Chair Therriault pointed out that there are                   
no local governments in many areas.                                            
SENATE CONCURRENT RESOLUTION NO. 19                                            
                                                                               
Relating to the use of prototype designs in public                             
school construction projects.                                                  
                                                                               
Co-Chair Therriault observed that the House version of the                     
bill was previously reported out of the House Finance                          
Committee.  CSHCR 24 (FIN) was reported out of Committee                       
with a "do pass" recommendation and with a fiscal impact                       
note by the Department of Education on 2/18/98.                                
                                                                               
Co-Chair Therriault provided members with a proposed                           
committee substitute for SCR 19, Work Draft 0-LS1357\P,                        
dated 2/27/98 (copy on file).  Co-Chair Therriault noted                       
that the work draft is identical to CSHCR 24 (FIN).                            
                                                                               
Co-Chair Hanley MOVED to ADOPT Work Draft 0-LS1357\P, dated                    
2/27/98.  There being NO OBJECTION, it was so ordered.                         
                                                                               
Co-Chair Hanley MOVED to report HCS CSSCR 19 (FIN) out of                      
Committee with the accompanying fiscal note.  Representative                   
Davies OBJECTED for the purpose of discussion.  He stressed                    
that prototypes should be developed with a particular                          
project in mind to reduce costs.  Representative Davies                        
WITHDREW his objection.  There being NO OBJECTION, HCS CSSCR
19 (FIN) was reported from Committee.                                          
                                                                               
HCS CSSCR 19 (FIN) was REPORTED out of Committee with a "do                    
pass" recommendation and with a fiscal impact note by the                      
Department of Education, dated 2/6/98.                                         
HOUSE BILL NO. 261                                                             
                                                                               
"An Act relating to a surcharge imposed for violations                         
of state or municipal law and to the Alaska police                             
training fund."                                                                
                                                                               
DEB DAVIDSON, STAFF, REPRESENTATIVE DAVIS testified in                         
support of HB 261.  She noted that the legislation expands a                   
program that is already in effect.  Alaska Law requires the                    
Alaska Police Standards Council to provide training for                        
police officers, correctional officers, probation officers                     
and village public safety officers.  In 1996, the Alaska                       
Police Training Fund was established.  Fund revenues come                      
from surcharges imposed on motor vehicle violations.  House                    
Bill 261 expands the surcharge to all crimes and increases                     
the amount of the surcharge.  Felony convictions and bail                      
forfeiture for felony offenses would have a surcharge of $85                   
dollars.  Misdemeanor offenses dealing with drug and under                     
the influence revocation of licenses would have a $75 dollar                   
surcharge.  Other misdemeanors would have a surcharge of $45                   
dollars.  Violations and infractions would have a surcharge                    
of $15 dollars.  She noted that the legislation was amended                    
in the House Judiciary Committee to direct judges not to                       
consider the surcharge when imposing a fine.                                   
                                                                               
LADDIE SHAW, EXECUTIVE DIRECTOR, ALASKA POLICE STANDARDS                       
COUNCIL spoke in support of the legislation.  He observed                      
that the Alaska Police Standards Council has increased its                     
basic training commitments.  The Council supported training                    
for 13 officers in FY 96.  The Council would support up to                     
100 officers in training for FY 2000.  Training at the Sitka                   
Academy would increase.  Fairbanks is developing a police                      
academy and the Council is negotiating to sponsor basic                        
training at the Anchorage Academy.  The Council has also                       
taken on the responsibility of a basic municipal corrections                   
officer-training program held at the Anchorage Academy.                        
                                                                               
In response to a question by Co-Chair Therriault, Mr. Shaw                     
observed that the proposed surcharge would be similar to                       
those in place in Oregon.  Twenty-six states run their                         
programs with surcharges.  The legislation was based on the                    
Oregon program.                                                                
                                                                               
Representative Davis noted that it is difficult to compare                     
Alaska with other states.  He noted that the Alaska State                      
Troopers are not highway patrolmen.  Other states have                         
highway patrolmen.                                                             
                                                                               
Co-Chair Therriault referred to the fiscal note by the                         
Alaska Police Standards Council.  Mr. Shaw clarified that                      
the Council received $396.1 thousand dollars in surcharge                      
revenues for FY 97.  He estimated that $450 thousand dollars                   
would be collected from surcharges in FY 99.  The Council                      
had an unfilled authorization of $53.9 thousand dollars.                       
                                                                               
CHRIS CHRISTENSEN, STAFF COUNSEL, ALASKA COURT SYSTEM stated                   
that the Supreme Court does not take a position on the                         
legislation.  He provided members with Amendment A (copy on                    
file).  Amendment A would neutralize the Alaska Court                          
System's fiscal note.  He explained that Alaska Court                          
System's computer system is only capable of accounting for                     
one surcharge.  Their new computer system is estimated to be                   
operational in two years.  He observed that if everyone that                   
was charged a surcharge paid before they left the courthouse                   
that there would not be a problem.  He noted that there are                    
many variables in tracking fines and surcharges.                               
                                                                               
Mr. Christensen observed that the Court System collects                        
approximately $4.4 million dollars in fines and forfeitures.                   
He noted that it would not cost any money to impose a                          
surcharge, collect a surcharge or turn the money over to the                   
General Fund.  Accounting for the money would be costly.                       
The amendment would provide that until the Court System's                      
computer system is operational, an annual estimate of                          
collected surcharges would be turned over to the                               
legislature.  Once the new computer system is operational                      
the precise figure would be given.                                             
                                                                               
Mr. Christensen observed that the legislation would require                    
a $45 dollar surcharge on misdemeanors and a $15 dollar                        
surcharge on infractions.  He pointed out that there are                       
many offenses, technically classified as misdemeanors, which                   
are on the bail schedule and are not subject to jail time.                     
New residence addresses must be notified to the Division of                    
Motor Vehicles within 30 days.  Failure to do so is a                          
misdemeanor, but since it is on the bail schedule, the                         
maximum fine is $20 dollars.  Without the amendment this                       
would receive a $45 dollar surcharge.                                          
                                                                               
Mr. Christensen noted that if Amendment A is adopted that                      
there would be a one time $5 thousand dollars cost for form                    
redistribution.                                                                
                                                                               
In response to a question by Representative Davies, Mr.                        
Christensen estimated that the average fine on a misdemeanor                   
case is $250 dollars.  Fines on the bail schedule range from                   
$15 dollars to over $100 dollars.  The average fine on the                     
bail schedule would be between $30 and $60 dollars.  Felony                    
cases generally receive jail time.                                             
                                                                               
In response to a question by Co-Chair Therriault, Mr.                          
Christensen suggested that "misdemeanor not on a bail                          
forfeiture schedule" be added on page 2, line 27.                              
"Misdemeanor, which is on the bail forfeiture schedule,"                       
could be added to page 2, line 31.                                             
                                                                               
Representative Davis observed that he was aware of the                         
problem.  Ms. Davidson questioned if language would be                         
needed on line 27.  She observed that subsection (3) deals                     
with misdemeanors and violations of municipal ordinances for                   
which a sentence of incarceration could be imposed.  She did                   
not know if misdemeanors on the bail schedule are offenses                     
for which a sentence of incarceration could be imposed.  She                   
suggested that adding "misdemeanor" to subsection (4) could                    
solve the problem.                                                             
                                                                               
Representative Davies referred to page 2, line 22.  He noted                   
that AS 28.33.030 refers to operating a commercial vehicle                     
while intoxicated.  He noted that AS 23.33.033, Presumptions                   
and Chemical Analysis of Breath or Blood, is not included.                     
                                                                               
Representative Davies added that AS 28.35.030, Operating a                     
Vehicle While Intoxicated and AS 28.35.032, Chemical Test                      
were included, but AS 28.35.031, Implied Consent was omitted                   
from offenses relating to driving under the influence with a                   
non-commercial license.                                                        
                                                                               
Ms. Davidson noted that the legislation was based on current                   
statutes.                                                                      
                                                                               
Representative Davis provided members with Amendment B (copy                   
on file).  Ms. Davidson explained that as the legislation is                   
currently written a $15 dollar surcharge is placed on an                       
infraction violation for which a sentence of incarceration                     
is not imposed.  She observed that parking tickets would                       
fall under this category.  Amendment B would provide that if                   
the fine or bail forfeiture amount were less than $30                          
dollars then a $5 dollar surcharge would be charged.  If the                   
fine or bail forfeiture amount were $30 dollars or more a                      
$15 dollar surcharge would be charged.                                         
                                                                               
Co-Chair Therriault observed that the legislation would                        
change the amount of revenue received by the state of                          
Alaska.  However, the legislation does not automatically                       
authorize the expenditure to the Alaska Police Standards                       
Council.  He maintained that the expenditure should be                         
considered with the Department of Public Safety's budget                       
before the full House Finance Committee.                                       
                                                                               
Co-Chair Hanley noted that the fiscal note shows a total                       
operating budget of $627.4 thousand dollars for FY 99.  Mr.                    
Shaw clarified that this is the amount of revenues estimated                   
to be collected as the result of HB 261. The estimated                         
change in revenues of $573.5 thousand dollars includes a                       
$53.9 thousand dollar reduction for excess authorization in                    
FY 99.  The total operating budget of the Alaska Police                        
Standards Council's budget would be approximately $1.597                       
million dollars.  The Council's FY 98 budget is $524                           
thousand dollars.  The proposed FY 99 budget, without HB
261, would be $627 thousand dollars.  Co-Chair Hanley                          
summarized that an additional $627 thousand dollars would be                   
added to the FY 99 proposed budget.                                            
                                                                               
Co-Chair Hanley noted that persons are paying for their                        
Community Residential Center (CRC) beds.  He asked why half                    
the money should not be diverted to the Department of                          
Corrections to pay for prison space.                                           
                                                                               
Mr. Shay stressed that Alaska Police Standards Council has a                   
responsibility to support municipal and state correctional                     
training.  The Council will be supporting training for                         
contract jail officers.                                                        
                                                                               
Co-Chair Hanley observed that funding for training could                       
potentially offset some costs that the Department of                           
Corrections or local communities have normally supported.                      
He emphasized that there should be a corresponding decrease                    
if the Council provides basic training that had been                           
previously paid for by others.                                                 
                                                                               
Co-Chair Therriault suggested that the fiscal note be zero                     
and the operating expenses be set through the regular budget                   
process.                                                                       
                                                                               
Representative Mulder noted that the Council would provide                     
training for officers of the city of Valdez.  Mr. Shaw noted                   
that the community jails officer program was built with the                    
support of the Alaska Police Standards Council.                                
Representative Mulder observed that costs for municipal                        
training would be shifted to the state of Alaska.                              
                                                                               
Representative Davis noted that the Council provides                           
services to all state police departments.  City police will                    
collect some of the surcharges.                                                
                                                                               
Ms. Davidson observed that, of 67,000 citations issued,                        
approximately 31,000 citations were issued by cities other                     
than Anchorage.  Anchorage officers wrote approximately                        
14,000 citations.  State Troopers wrote approximately 22,000                   
citations.                                                                     
                                                                               
Co-Chair Hanley observed that Anchorage would have to keep                     
track of municipal fines.  Mr. Shaw noted that the Council                     
would support the Anchorage Academy by paying some operating                   
costs for use of the academy and providing training.                           
                                                                               
Co-Chair Hanley clarified that the Anchorage Court System                      
would not receive funding from the surcharge.  He expressed                    
frustration that communities are being discouraged from                        
taking control.                                                                
                                                                               
Mr. Shaw noted that the Council sets standards for community                   
correctional officers. The Council supports 63 percent of                      
the police population at the Anchorage training center.                        
                                                                               
Mr. Shaw spoke in support of Amendment A.  He stressed that                    
the Court could do a good job of estimating the surcharge.                     
                                                                               
(Tape Change, HFC 98 -58, Side 2)                                              
                                                                               
Co-Chair Therriault MOVED to ADOPT Amendment A as Amendment                    
                                                                               
Representative Davis MOVED to ADOPT Amendment B as Amendment                   
2.  He stated that the amendment would lower the surcharge                     
on parking tickets.                                                            
                                                                               
Co-Chair Hanley questioned if there is a surcharge on                          
parking tickets.                                                               
                                                                               
Ms. Davidson stated that, under existing law, a surcharge is                   
based on a violation.  She did not think that there is                         
currently a surcharge on parking tickets.  She observed that                   
the legislation would add a surcharge on infractions.  She                     
thought that parking tickets would fall under the definition                   
of infraction.  She observed that the statutes contain                         
several types of fines for infractions.                                        
                                                                               
Mr. Christensen clarified that, in Anchorage, parking                          
tickets are under the civil system.  He thought that most                      
municipalities would charge parking tickets under a civil                      
ordinance.  Tickets issued under a civil system would not                      
receive a surcharge.                                                           
                                                                               
Co-Chair Hanley requested information regarding violations                     
and infractions and the dollar amounts imposed.                                
                                                                               
HB 261 was HELD in Committee for further consideration.                        
HOUSE BILL NO. 404                                                             
                                                                               
"An Act relating to the regulation of commercial                               
vehicles; relating to the temporary registration of                            
out-of-state commercial vehicles; relating to                                  
registration fees for commercial vehicles; and                                 
providing for an effective date."                                              
                                                                               
REPRESENTATIVE BILL WILLIAMS, SPONSOR, testified in support                    
of HB 404.  He noted that the purpose of HB 404 is to                          
improve efficiency at the Division of Motor Vehicles and to                    
improve efficiency and safety of freight movement into, out                    
of, and within Alaska.  Adoption of HB 404 would also allow                    
the State to participate in the International Registration                     
Plan.                                                                          
                                                                               
Representative Williams maintained that the current state                      
commercial vehicle inspection law is unworkable.  The bill                     
proposes to conform the inspection program to inspection                       
criteria found in the Federal Motor Carrier Safety                             
Regulations.                                                                   
                                                                               
Representative Williams added that HB 404 would also                           
increase temporary fees for out-of-state trucks that operate                   
in Alaska from $50 dollars to $350.   He asserted that this                    
would bring Alaskan fees in line with fees charged by other                    
states and provinces issuing temporary permits.   Revenue                      
generated from this fee may be appropriated to operate weigh                   
stations and commercial vehicle safety programs.                               
                                                                               
Representative Williams observed that HB 404 would eliminate                   
the requirement for annual registration of commercial                          
trailers.  The fees collected from the registration of                         
commercial trailers would be transferred to the cost of                        
registration of commercial vehicles, or 'power units'. He                      
pointed out that the bill is revenue neutral.  The change is                   
required if Alaska wants to become part of the International                   
Registration Plan, which allows for a simplified method of                     
prorating fees to other jurisdictions in which Alaska                          
commercial vehicles operate, and vice versa.  The state and                    
industry will gain substantial efficiencies by not having to                   
issue and physically tag 20,000 commercial trailers                            
annually.                                                                      
                                                                               
Representative William emphasized that House Bill 404 would                    
create efficiencies in government and the private sector,                      
and create a safer transportation environment.                                 
                                                                               
Representative Davies asked if there were any safety                           
implications in respect to inspections that would not be                       
done in the future.                                                            
                                                                               
JUANITA HENSLEY, LEGISLATIVE LIAISON, DIVISION OF MOTOR                        
VEHICLES, DEPARTMENT OF PUBLIC SAFETY spoke in support of HB
404.  The legislation would create efficiencies for the                        
Division of Motor Vehicles.  The Division would not be                         
required to register 18,000 commercial trailers a year.                        
Trailers would be registered once for a lifetime fee.                          
Future fees would be transferred to the power units.  The                      
Division of Motor Vehicles does not inspect trailers for                       
safety.  Inspections are performed at weigh stations and                       
through the Motor Carriers Safety Assistance Program.                          
                                                                               
Co-Chair Hanley referred to page 1, lines 6 - 9.  Ms.                          
Hensley clarified that the section refers to proof of                          
commercial vehicle insurance.                                                  
                                                                               
Ms. Hensley observed that commercial vehicles carry $700                       
thousand dollars in insurance. Members questioned the                          
difference between commercial vehicle and a vehicle for                        
which securities are required.  Ms. Hensley could not                          
respond.                                                                       
                                                                               
Representative Mulder referred to page 3. line 8.  Ms.                         
Hensley explained that a towed vehicle is the same as a                        
combination of motor vehicles and is still a power unit and                    
a trailer.                                                                     
                                                                               
DENNIS POSHARD, LEGISLATIVE LIAISON, DEPARTMENT OF                             
TRANSPORTATION AND PUBLIC FACILITIES explained that the                        
definition on page 3, line 8 conforms to the federal                           
definition.  The definition does not include vehicles that                     
were not previously covered.                                                   
                                                                               
In response to a question by Representative Davies, Mr.                        
Poshard noted that section 20 would require a one-time                         
registration fee of $10 dollars per trailer.  Section 18                       
also incorporates the change.                                                  
                                                                               
In response to a question by Representative Mulder, Mr.                        
Poshard noted that AS 28.10.152 pertains to out-of-state                       
vehicles that are not registered in Alaska.                                    
                                                                               
AVES THOMPSON, DIVISION OF MEASUREMENT STANDARDS AND                           
COMMERCIAL VEHICLE ENFORCEMENT, DEPARTMENT OF TRANSPORTATION                   
AND PUBLIC FACILITIES, ANCHORAGE explained that AS                             
19.10.300(a) pertains to:                                                      
                                                                               
"A commercial motor vehicle or a person that carries                           
freight in a motor vehicle for commercial purposes or a                        
person who rents or leases a motor vehicle for the use                         
of another to carry freight should procure and maintain                        
security in the following minimal amount..."                                   
                                                                               
Mr. Thompson noted that the statute distinguishes between                      
the vehicle and a rented or leased vehicle.  Insurance is                      
needed in both cases.                                                          
                                                                               
Co-Chair Hanley observed that the section is confusing.  He                    
noted that it is based on both commercial purposes and                         
renting or leasing for freight.                                                
                                                                               
Mr. Thompson noted that the Division fully supports the                        
legislation.                                                                   
                                                                               
HARRY MCDONALD, ANCHORAGE testified in support of the                          
legislation.  He noted the importance of increasing                            
temporary licenses for out-of-state trucks.  Most out-of-                      
state trucks do business without paying any fees.  He                          
observed that there is a commitment to keep the Tok scale                      
open all the time.  He noted that he is with a local state                     
trucking company.  He pointed out that the private sector                      
would save from not having to track trailers for annual                        
registration.                                                                  
                                                                               
Representative Davies referred to the definition of                            
commercial vehicle.  He questioned if a commercial motor                       
vehicle can be a towed vehicle, which implies that it                          
doesn't have a motor.                                                          
                                                                               
In response to a question by Representative Davies, Mr.                        
McDonald clarified that safety inspections are separate to                     
licensing.  Safety inspections would still be required                         
annually on the trailers.                                                      
                                                                               
Co-Chair Therriault asked if there are many instances where                    
a person who only owned a truck would have the expense of                      
someone else's trailer.  Mr. Thompson noted that anyone who                    
is pulling a trailer is either being paid by someone to pull                   
it or pulling it for hire.  He felt that it would come out                     
even in the end.                                                               
                                                                               
Co-Chair Hanley referred to AS 19.10.300(a).  Mr. Thompson                     
noted that 26,000 pounds is the weight a vehicle requires a                    
commercial license to drive, unless it has hazardous                           
materials.  A commercial license is required for any vehicle                   
that is carrying hazardous materials, regardless of weight.                    
                                                                               
FRANK DILLON, EXECUTIVE VICE PRESIDENT, ALASKA TRUCKING                        
ASSOCIATION, INC. explained that the commercial vehicle                        
licensing law looks at commercial vehicles in terms of the                     
operator's license to drive with a weight threshold of                         
26,000 pounds.  The language on page 3, "self propelled or                     
towed" makes sure that when the trailer is released from the                   
further definition of registration that they are still under                   
safety requirements for the purpose of commercial motor                        
vehicles.  The intention is that trailers are still                            
considered commercial vehicles and required to follow                          
inspection laws.  He observed that the dollies that connect                    
sets of trailers together are considered vehicles even                         
though they cannot go anywhere on their own.  For the                          
purpose of insurance, definition, and commerce a trailer is                    
considered a vehicle, not a motor vehicle.  He maintained                      
that the legislation clarifies and narrows the scope of                        
existing statute, so that it is more understandable and                        
enforceable than existing statute.                                             
                                                                               
Mr. Dillon noted that the legislation requires proof of                        
insurance.  He observed that changes were carefully made to                    
prevent unintended consequences.  The intention is to give                     
more authority to weight station operators to do truck                         
inspections.  He stressed that persons who weigh trucks                        
would be able to inspect them and put them out of service if                   
they are found to be unsafe.  The merger of the Commercial                     
Vehicle Unit and the Division of Measurements and Standards                    
into the Department of Transportation and Public Facilities,                   
which took place by executive order last year, was a step in                   
this direction.  The legislation further refines the                           
authority.  He noted that resources for inspections are                        
still lacking.                                                                 
                                                                               
Mr. Dillon stressed that the legislation would authorize the                   
practice of self-inspections.  On the road inspections would                   
still take place.  One federal standard would apply.                           
Inspections can also take place at a professional shop.                        
Companies that employ professional mechanics can do                            
inspections in house.  Current statute prohibits self-                         
inspections, but has not been enforced.                                        
                                                                               
Mr. Dillon noted that fees would be increased for out-of-                      
state trucks.  He observed that the Tok weigh station is                       
open less than 40 percent of the time.  A lot of trucks that                   
come into the state do not register in the state of Alaska.                    
If they do stop at Tok they have the choice of buying a $10                    
or $50 dollar permit.  The legislation would require a $350                    
dollar 30 day renewable permit.  He maintained that the fee                    
is in line with what other states charge.  He observed that                    
$300 - $500 thousand dollars in additional fees would be                       
collected from out-of-state trucks.  The legislation                           
contains intent language stating that this money may be                        
appropriated for use at weigh stations.                                        
                                                                               
Mr. Dillon pointed out that annual registration of                             
commercial trailers would be eliminated.  There is no safety                   
inspection attached to registration.  Registration can be                      
done electronically.  The legislation takes the revenue that                   
is collected on trailers and transfers it to corresponding                     
weights in the power unit area.  Fees for smaller trailers                     
are transferred to smaller trucks.  Fees for larger trailers                   
would be transferred to larger trucks and tractors.  The                       
cost increase would range from $30 to $100 dollars annually.                   
He maintained that the fee would be offset through the                         
economic process and negotiations.  More than 90 percent of                    
Alaska's freight comes in on trailers.  The Division of                        
Motor Vehicles would save approximately 20,000 transactions.                   
The change only refers to commercial vehicle use.                              
                                                                               
Mr. Dillon referred to sections 18 and 19.  He noted that                      
license fees are paid annually or biennially.  He did not                      
think that increases in fees would place a hardship on                         
anyone's business.  He acknowledged that individuals that                      
only own a truck would not see an economic benefit from the                    
legislation.  He pointed out that the change in trailer                        
registration would benefit interstate commerce. He                             
maintained that there would be increased efficiencies way                      
through the entire state economy.                                              
                                                                               
(Tape Change, HFC 98 -59, Side 1)                                              
                                                                               
In response to a question by Representative Moses, Mr.                         
Dillon noted that an owner operator in Anchorage who pays an                   
increased fee of $30 dollars, grosses between $50 and $80                      
thousand dollars a year in 8 months.  He did not think a                       
$30 dollar increase would be a burden.  There would be a                       
maximum increase of $100 dollars per tractor.                                  
                                                                               
Mr. Dillon clarified that trailers owned and operated by Sea                   
Land are registered in the state of Alaska.  Out-of-state                      
trailers would be subject to a $350 dollar fee.  He asserted                   
that the fee is not excessive.  He noted that Alaska has                       
fewer requirements and lower fees for interstate commerce                      
than other states.  He pointed out that owners would have                      
the option of licensing their vehicles in Alaska.                              
                                                                               
Mr. Dillon emphasized that the entire shift in revenue is                      
approximately $1.6 million dollars in a $7 billion dollar                      
economy.  He reiterated that the legislation will gain                         
substantial efficiencies.                                                      
                                                                               
Mr. McDonald agreed that all of the Sea Land trailers are                      
registered in Alaska.  He observed that the main impact of                     
the fee would be on trucks coming across the border.                           
                                                                               
PETER BLANAS, LINE DRIVER, TEAMSTERS UNION, ANCHORAGE                          
testified in support of HB 404.  He emphasized that the                        
legislation would charge out-of-state fees for trucks                          
entering Alaska.  He maintained that the number of out-of-                     
state trucks have increased and are taking work away from                      
Alaskans.  He maintained that outside operators pay almost                     
no fees.  He spoke in support of full-time operation of                        
state scales.  He stressed that lack of enforcement is a                       
factor in vehicle accidents.  Scale operators also appraise                    
drivers in regards to driving conditions and summon help in                    
emergencies.  Money collected from outside operators could                     
be used to fund the Department of Transportation and Public                    
Facilities' inspection program.  He only received one truck                    
inspection in the last four years.  He noted that the                          
inspection was at his own request.                                             
                                                                               
WILLIAM GATES, OWNER OPERATOR, SEA LAND, ANCHORAGE spoke in                    
support of the HB 404.  He emphasized the need for safety                      
checks and full-time operation of the Tok weigh station.  He                   
noted that the Tok weigh station is not open at night or on                    
the weekends.  He stated that he could support the                             
additional $100 dollar licensing fee in order to ensure that                   
the inspection teams and weigh stations have sufficient                        
funding.                                                                       
                                                                               
BARBARA HUFF TUCKNESS, DIRECTOR, LEGISLATIVE AND                               
GOVERNMENTAL AFFAIRS, TEAMSTERS LOCAL 959 testified in                         
support of HB 404.  She referred to a letter by Jerry Hood,                    
Secretary-Treasurer, Teamsters Local 959 to Co-Chair                           
Therriault, dated 3/6/98.  She stated that their first                         
concern is that the weigh stations be operational 24 hours a                   
day, seven days a week.  She maintained that weigh stations                    
are open no more than 30 percent of the time.  She asserted                    
that trucks are not being inspected in a safe manner.  She                     
anticipated that some of the revenues generated by the                         
legislation would go toward continued funding of the weigh                     
stations.                                                                      
                                                                               
Representative Davies asked if money needs to be                               
appropriated to open the weigh stations so that the money                      
can be collected.                                                              
                                                                               
Mr. Thompson clarified that the Tok weigh station was opened                   
24 hours, seven days a week during part of April and all of                    
May 1997.  He stated that the proceeds from the legislation                    
would be used to fund weigh station operations and                             
commercial vehicle safety inspections.  Tok would be                           
operated 24 hours a day, seven days a week.  He noted that                     
expected revenues would be jeopardized if the Tok weigh                        
station is not fully operational.                                              
                                                                               
Mr. Dillon clarified that trailers will only pay $10 dollars                   
for registration.  Only power units would pay $350 dollars                     
for registration.                                                              
                                                                               
Mr. Thompson emphasized that the legislation solves some                       
very vexing problems through private sector/government                         
cooperation.                                                                   
                                                                               
Representative Davies provided members with Amendment 1                        
(copy on file).  The amendment would further clarify the                       
definition of commercial vehicles.  He observed that he                        
might pursue the amendment at a later date.                                    
                                                                               
Representative Davies provided members with Amendment 2                        
(copy on file).  He explained that the amendment would add a                   
new section.  The amendment is at the request of the                           
Department of Administration, Division of Motor Vehicles.                      
                                                                               
Ms. Hensley explained that the amendment would add a new                       
section 18.  The amendment would allow non commercial                          
trailers to be registered with a one-time fee.  The trailer                    
would not have to be reregistered unless it is sold.  The                      
amendment would cover snow machine, boat trailers, house                       
trailers, box trailers, baggage trailers, and utility                          
trailers.  She observed that the fee could be set by the                       
Legislature.  The amendment calls for a $50 dollar fee.  She                   
observed that 78,839 trailers were registered in 1997.  She                    
observed that these trailers would only have to be                             
registered once more unless they were sold.  She emphasized                    
that the amendment would add to the Division's efficiency.                     
The trailers could be registered through the mail.  A                          
registration sticker would be issued for the lifetime of the                   
trailer.                                                                       
                                                                               
Ms. Hensley clarified that trailers are currently registered                   
biennially for $10 dollars.  The lifetime registration is                      
transferred to the new owner when the trailer is sold.  The                    
new owner would only have to pay a transfer fee.  Ms.                          
Hensley maintained that the seller would recoup the cost of                    
the trailer's registration.                                                    
                                                                               
Representative Kelly pointed out that the purpose of the                       
legislation is to regulate commercial trailers and vehicles.                   
The amendment is outside of the legislation's intent.  Ms.                     
Hensley observed that the amendment is the result of                           
efficiency measures recommended by a reengineering team of                     
the public and private sectors.                                                
                                                                               
Co-Chair Therriault questioned the financial impact of the                     
lifetime $50 dollar fee.  Ms. Hensley observed that a $50                      
dollar fee spread over two years would be approximately $1.9                   
million dollars for each of the two years.  She estimated                      
that 7,000 vehicles would be registered after the initial                      
two-year registration.  Co-Chair Therriault observed that                      
revenues would be negatively affected in the out years.                        
                                                                               
Representative Davies pointed out that there would be                          
savings from a reduction of transactions.  Ms. Hensley                         
stressed that the Department would like to move employees                      
from backroom operations to the front counter, in order to                     
reduce waiting lines at Division of Motor Vehicle counters                     
to no longer than 15 minutes.  She noted that some areas                       
have waiting times of greater than 2 hours.                                    
                                                                               
In response to a question by noted that transactions cost                      
the Division between $105 to $5 dollars each.  Co-Chair                        
Hanley observed that 70,000 trailer registrations would be                     
reduced annually.  He estimated that there would be a $350                     
thousand dollar savings as the result of the legislation.                      
                                                                               
Ms. Hensley requested that the Division of Motor Vehicles be                   
held harmless in order to meet their service goals.                            
                                                                               
Co-Chair Hanley pointed out that the savings would not                         
appear until after the two-year registration period.  Co-                      
Chair Hanley spoke in support of the proposal.                                 
                                                                               
Representative Davies stated that he would be more                             
supportive if the savings were rebated to the people making                    
the registration.  He spoke in support of reducing the                         
registration fee.                                                              
                                                                               
Co-Chair Therriault pointed out that registration is based                     
on a 10-year life span.  He suggested that trailers would                      
last longer than 10 years.                                                     
                                                                               
Representative Davis questioned if lifetime registration                       
could be presented as a voluntary option.  Co-Chair Hanley                     
spoke against combining options.                                               
                                                                               
Representative William stated that he supported the                            
amendment's concept, but requested that the issue be                           
addressed separately.                                                          
                                                                               
Representative Davis WITHDREW Amendment 2.                                     
                                                                               
Representative Foster MOVED to report CSHB 404 (TRA) out of                    
Committee with the accompanying fiscal notes. There being NO                   
OBJECTION, it was so ordered.                                                  
ADJOURNMENT                                                                    
                                                                               
The meeting adjourned at 4:00 p.m.                                             
House Finance Committee 12 3/9/98                                              

Document Name Date/Time Subjects